Just Hear Me Out: The Waiting Is the Hardest Part
Whether you’re a skilled worker hoping to work in the United States, an immigrant with exceptional ability, a family member hoping to join a loved one living here, or someone seeking asylum, preliminary decisions must be made and multiple questions answered before filing an application with USCIS. Once an application is filed, however, the most common question is, “When will my case be decided, and when will I know if my application has been approved?” Patience is a virtue, and it truly comes into play when waiting for a decision.
During my years at USCIS, first as the Senior Executive Service Chief of the Administrative Appeals Office and then as the head of the Office of Intake and Document Production, the multi-billion-dollar division responsible for application processing and official document production, I worked closely with experienced and dedicated USCIS adjudicators and administrators. Together, we examined the application and adjudication process from start to finish and successfully streamlined processing.
Even with our diligent efforts, however, uncertain and unknowable variables frequently intervened, requiring us to back up and regroup to refine the system.
Why backlogs happen
So, what happens when an application is filed, and why does it seem to take so long to receive an answer? The honest answer is also the simplest to understand. Each application is placed in a queue with other cases and is decided in the order received. Despite what some people may think, how quickly a case moves through the system is not a matter of who you know or making a phone call. Fairness prevails throughout the adjudication process from start to finish.
Certain factors do affect the speed with which a case moves through the system. Whether an application is processed entirely online or involves voluminous paperwork submissions and back-and-forth between adjudicators and representatives can affect processing time. Adjudicators do not want to reach a final decision without knowing they have all the required evidence, because issuing decisions without it wastes valuable time and resources.
So, if cases are filed and processed in order, why do backlogs occur? Why don’t the wheels of justice grind like clockwork? In my experience, the answer lies in the one variable that is always impossible to predict: the true number of cases on their way to USCIS. Like any well-oiled, time-tested system, USCIS makes good use of its resources and plans based on the number of cases it expects to receive. It hires and trains staff members to adjudicate a certain number of cases throughout the fiscal year, hoping that hiring matches expected case receipts.
Hiring and training take time, and USCIS adjudicators receive extensive training before handling their first case. If conditions around the world suddenly change and USCIS is deluged with unexpected cases, caseloads can be shifted from one processing center to another, but that alone necessarily slows the adjudication of other cases. It’s a Catch-22 for any responsible agency, since they want to ensure they have adequate staff to handle incoming cases without bringing on far too many employees than are needed.
What you can do while you’re waiting
What can an applicant do to prepare for the wait after their case is filed? First, either before or shortly after filing an application, they should check the USCIS website for an updated list of processing times throughout the country. USCIS provides up-to-date information and a handy tool for plugging in case types and locations to see average processing times, helping the public know what to expect. Knowing in advance how long a case might take to move through the system can ease expectations and support future planning.
Secondly, applicants need to work closely with their representative to ensure that all required paperwork and documents needed to adjudicate their case are available and ready for submission before filing. An incomplete file may result in rejection or a significant delay in processing if multiple requests for required information need to be sent out. Applicants often make the critical mistake of thinking, “I don’t have a certain document, but I’ll go ahead and file my application and submit it later.” Any legitimate reason to bump a case out of the queue can result in a significant delay in processing.
Remember, patience and preparation are the keys to playing the waiting game. Affirmative decisions can be life-changing, and providing USCIS adjudicators with a complete file at the outset and frequently checking for updates in case additional information is needed can make all the difference between a positive and a negative outcome.
